(A) Zoning review — building permits.
(1) (a) A building permit shall be obtained by the owner of any property from the Village Building Official before starting:
1. To construct or erect a new principal structure or accessory structure or part thereof;
2. To extend, enlarge, move, alter structurally, reconstruct a principal or accessory structure or part thereof.
(b) Such application shall include the estimated time of completion of the work for which the building permit is requested.
(2) (a) The Village Building Official shall review each application for a permit made prior to the issuance of the building permit. No such construction shall begin until a Permit to Build has been issued by the village. The application shall also be accompanied by a building permit fee, as established from time to time by the Village Board of Trustees. Each application shall be accompanied by a site plan drawn to scale (three copies) and supporting documents, with the following information:
1. The full name and address of the applicant and the owner of the property and, if the owner is a corporate body, of its responsible officer.
2. The lot occupied or to be occupied by the building or structure, the actual dimensions of the lot and a legal description of the lot.
3. The size and location of the building or structure to be erected, converted, enlarged, or structurally altered.
4. A statement of purpose for which the building or structure will be used.
5. The distance from the building or structure to each lot line.
6. The location of each parking space, loading space, and access drive required under the provisions of this chapter, including the dimensions of aisles and stalls.
7. A landscaping plan for the development.
8. Calculation of open space ratio and the floor area ratio.
9. Building height.
10. Location of trash disposal areas and screening of such areas.
11. Lighting information for parking areas.
12. The location of any water courses crossing or adjacent to the property, as well as the elevation and location of the top of the bank of such feature.
13. The location of adjoining streets, adjacent zoning classifications, and land uses.
(b) The information required for zoning review reflects the information needed by the Village Building Official to determine if the proposal meets the requirement of this chapter. The requirement that a site plan is drawn to scale is not intended to require that a licensed professional must draw the site plan. Its purpose is to provide the Village Building Official with accurate information to review the plan. Information required for parking, landscaping, access drives, lighting, and other elements may be combined on a single site plan, or may be submitted as several separate drawings.
(3) No person shall be issued a building permit unless the development of land is in compliance with the village's subdivision regulations.
(4) The Village Building Official shall not issue a building permit for construction within a new subdivision until the subdivider furnishes, as a condition of acceptance of the public improvements, a maintenance bond, per the requirements of § 153.095. Also refer to the requirements stated in division (A)(2) above.
(5) The Village Building Official shall not issue a building permit for construction within a minor subdivision until all documentation required by § 153.038 has been approved and all utility connections, stormwater facilities, and/or all other public improvements have been completed. Also refer to the requirements stated in division (A)(2) above.
(6) D. The Village Building Official shall not issue a building permit for construction within a re-platted area, per § 153.035, until all the re-platting formalities stated in the subdivision ordinance have been met and any conditions set by the Planning and Zoning Board, the Planning and Zoning Board, and the Village Board of Trustees have also been met. Also refer to the requirements stated in division (A)(2) above.
(7) The Village Building Official shall issue building permits for a planned unit development per the requirements of § 154.172(B).
(8) The Village Building Official shall not issue a building permit for general renovation, new construction, or re-construction on existing lots until the application forms for the proposed work have been reviewed and meet the rules and regulations of this chapter. Also refer to the requirements stated in division (A)(2) above.
(9) The Village Building Official, prior to the issuance of any building permit, may require any applicant to provide the location of a site or lot corner(s), set by a professional land surveyor, when reviewing a building permit application.
(10) All new buildings shall conform to the bulk regulations established herein for the district in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict, or further conflict with the bulk regulations of this chapter for the district in which such building shall be located.
(11) It shall be unlawful to reduce or diminish the area of a lot or plat for which a plat plan has been filed and has been used as the basis for a permit, unless a revised plat plan showing the proposed changes in conditions shall have been filed and approved.
(12) Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within three months of the effective date of this chapter and diligently prosecuted to completion, said building or structure may becompleted in accordance with the approved drawings on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated; subject thereafter, if applicable, to the provisions herein for nonconforming buildings, structures, and uses.
(13) Where the Village Building Official has issued a building permit for a permitted, provisional, or special use, such permit shall become null and void unless work thereon is under way within six months of the date of issuance of such permit.
(14) All building permits shall expire in one year from the date of issuance. All work not completed within said period shall require the issuance of a new permit, at the then prevailing rate.
(15) Normal repairs not involving structural alterations may be made without a permit.
(B) Zoning review — occupancy permits.
(1) A certificate of occupancy shall be applied for coincident with the application for a building permit. Upon completion of any construction, reconstruction, structural alteration, enlargement, expansion or other work on a building or structure for which a building permit was issued, the Village Building Official shall consider the previously submitted application for a certificate of occupancy.
(2) No such building or structure shall be occupied, and no change shall be made in the use of the land, structure or building, until a certificate of occupancy authorizing such occupancy or use has been issued by the Village Building Official.
(3) The Village Building Official shall not issue a certificate of occupancy unless the building or structure, as built, enlarged, extended, structura1ly altered, reconstructed or moved, complies with all drawings and specifications included in the application for the building permit. Any variance which may have been granted for the building or structure shall be noted on the application, and on the certificate, if issued.
(4) The Village Building Official shall not issue a certificate of occupancy for any building or structure within a new subdivision until all the construction requirements which follow are completed:
(a) The building construction has been completed, including all ancillary structures such as the sidewalks (that are part of the subdivision proper), driveways, and the like.
(b) The water, wastewater, natural gas and electric utilities are connected to and functional for the building.
(c) The final site grading has been completed and verified against the elevations shown on the construction drawings, by the Village Building Official, with assistance from the Village Engineer.
(d) In accordance with § 153.096(B), the village has accepted the dedication of all the required public improvements for the subdivision.
(5) No land shall be occupied or used, and no building hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy has been issued by the Village Building Official stating that the building complies with all the building and health laws and ordinances, and with the provisions of this chapter and amendments thereto.
(6) Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, except as may be necessary for safety of life and property.
(7) If the application for a certificate of occupancy involves a change of use, the Village Building Official shall not issue the certificate of occupancy unless the proposed use or uses is conforming in the district in which it is proposed to be located. If a provisional use or special use permit was granted to authorize the proposed use, it shall be so noted on the application, and on the certificate of occupancy, if issued.
(8) The certificate of occupancy issued by the Village Building Official shall state upon its face the precise purpose or purposes for which the building, structure or land shall be used.
(9) Any transfer of ownership of the building, structure or land which does not involve a change of use shall automatically effect a transfer of the certificate of occupancy to the new owner.
(C) Zoning review — other permits.
(1) (a) Applications for electrical, plumbing, heating, ventilating, air conditioning, refrigeration, gas piping, sprinkler and stormwater permits, and any other similar permits (which may be required now or required in the future) authorizing a change in a building or property shall contain a statement indicating the existing and proposed use for which the building, structure, or improvement to the land will be used. The Village Building Official and the Zoning Administrator shall review each application which indicates a change of use, even if the proposed permit does not indicate a change in the exterior elements of the property. The permit shall be issued subject to zoning approval. No such permit issued which purports to authorize a use, structure, or improvement to the land not in compliance with the requirements of this chapter shall be valid.
(b) This division (C) adds the requirement that if any other type of permit will result in a change of use, that such permit will also require zoning review. This is intended to prevent illegal conversions in single-family areas, as well as catch new uses in commercial areas that may not meet parking or other performance standards.
(D) Zoning approval — determination.
(1) The drawings submitted for zoning approval shall be reviewed by the Zoning Administrator to determine the following:
(a) That, as best can be determined, complete and accurate information as required in this subchapter is provided with the permit application.
(c) That the proposed structure, or land improvement complies with the applicable height, area, floor area ratio, open space ratio, yard, landscaping, and parking regulations as required by this chapter.
(d) That the structure, or land improvement comply with specific standards or conditions required through a provisional or special use approval as authorized by this chapter.
(e) That the proposed structure, or land improvement complies with any and all other applicable standards as required by this chapter.
(2) Upon a determination that all of these requirements are met or not met, the Zoning Administrator shall approve or disapprove the permit and note this on the application. The Zoning Administrator shall indicate those uses that are nonconforming. Such approval shall reference action by the Planning and Zoning Board or the Village Board of Trustees which may have imposed specific conditions as authorized by this chapter. No permit which requires review under the provisions of this chapter shall be issued unless it has received such approval.
(E) Limitations of zoning approval.
(1) Suspension of permits. Any zoning approval shall become invalid if the authorized work is not commenced within six months after the issuance of the permit, if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work, or if the work is not completed within one year after the issuance of the permit.
(2) Revocation of zoning approval.
(a) Zoning approval issued under the provisions of this chapter, and any permit issued pursuant to such approval, shall be revoked in case of any false statement, misrepresentation of fact, or error in the application or on the drawings based on which the permit was issued.
(b) The intent is that the village will rescind any and all permits or zoning approvals that were obtained in an illegal manner.
(3) Revocation of permits. Any building occupancy or other permit issued pursuant to an approved site plan or in conjunction therewith, may be revoked by the village for failure to comply with the conditions of approval. If the intent of the village is that the terms of any issued building, occupancy, and other permits be followed by the permittee.
(Ord. 2020-O-3, passed 2-18-2020)